Terms of Service
1.1. “Account” means an online account registered by you for the purpose of using the Services.
1.2. “Associated Account” means a Third Party Service account which You connected to the Account and in relation to which the Services are provided.
1.3. “Customer Data” means any data stored in Associated Accounts, files, data, material and information submitted, uploaded and stored by You through the Service or provided through an Associated Account.
1.4. “Platform” means the Kubeshark Kubernetes deployment that is used for traffic observability and may export data to Associated Accounts, and the Kubeshark cloud console that is used for authentication purposes.
1.5. “Services” means any applications, products, services, documentation, and software made available through the Platform.
1.6. “Third Party Service” means any service, products, software or application that is provided by a third party and interoperates with a Service.
1.7. “Account Data” means data relating to Your use of the Platform and Services, including but not limited to information related to:
1.7.1. Your contact and payment information, including email addresses and credit card or other payment remittance information,
1.7.2. Information obtained by or provided through the Service,
1.7.3. Your Associated Accounts and Customer Data;
1.7.4. Settings, preferences chosen, and resource usage,
1.8. “We”, “Us”, “The Company”, “Kubeshark” or “Our” means KubeHQ, Inc.
1.9. “You” or “Customer” means the company or other legal entity and its affiliates for which you are accepting these Terms.
2. The Services
2.1. Access to the Platform. Following the initial registration of an Account you will have the ability to access and use the Services through the Platform solely for the purpose of your business activity. We may update the Services from time to time, including adding or removing functions.
2.2. Software. Some Services may require you to download software. If any software is offered under an open source license, we will make the license available to you and the provisions of that license shall apply notwithstanding any provisions to the contrary under these Terms.
2.3. Children under 18. The Service is not directed at children. If you are a child, please do not use or attempt to register to use the Service.
3.1. Using the Services. The charges for the Service (“Fees”) shall be as specified on the Platform for the Services plan selected by you through the Account (the “Plan”). You will pay, and You authorize the Company or any of Company’s resellers to charge using your selected payment method for all Fees in accordance with the Plan. Fees are non-refundable except as required by law.
3.2. Payment Terms. Charges for Fees will be made either in advance or in arrears as provided in the Plan, and either monthly, annually or any other billing frequency offered by the Company in the Plan.
3.3. Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information. Billing may be performed by a third party service provider of the Company. We may suspend or terminate the Services if fees are past due.
3.4. Taxes. Our fees do not include taxes, levies or duties, such as value added tax, sales or use tax and any other similar charges. We will charge tax if we are required to do so.
3.5. Payment Policy. You authorize the Company, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you have added to your Account, such as a credit card, debit card or PayPal account (“Payment Method”). You must provide the Company with accurate information in relation to your Payment Method so that the purchase of insurance is paid for by you. Additionally, you authorize the Company to store your Payment Method and charge your Payment Method as outlined in these Terms. When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you designate for the purchase. All purchases are final and no refunds or credits will be provided. We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.
4. Registration and User Account
4.1. Establishing an Account. You must register and establish an Account in order to use our Services. In order to integrate with Associated Accounts you may be required to provide us with your login credentials for such Associated Accounts. You may elect to have multiple Accounts, and may set up multiple Users (as defined below) for each Account; each Associated Account may only be integrated with one Account at any given time.
4.2. Account Information. You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. You must provide us with accurate and complete information in order to create an Account, including details of the Associated Account that are linked to the Account. You agree to keep your Account information up to date and accurate, including with regard to the Associated Account. Any Services provided in connection with Associated Accounts associated with Your Account will be charged to your Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
4.3. Associated Account Information. By granting the Company access to any Associated Accounts, you understand that the Company will access and store(if applicable) any content that you have provided to and stored in your Associated Account (“Associated Content”) so that it is available on and through the Service via your Account. Please note that, if an Associated Account or associated service becomes unavailable or the Company’s access to such Associated Account is terminated by GitHub, then Associated Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Associated Accounts, at any time ,on the Service. The Company makes no effort to review any Associated Content for any purpose, including but not limited to for accuracy, legality or non-infringement and the Company is not responsible for any Associated Content.
4.4. Deletion of Account. You may delete your Account at any time. Any Content and other information and data entered into the Services may be permanently deleted if you delete the Account, provided we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise).
5. Your Content
5.1. License to Content. You grant us a worldwide, non-exclusive license to host, copy and use your Content as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of providing the Services and supporting You in your use of the Services.
5.2. Responsibility for Content. The Services are not intended to be used as storage, backup or archiving services. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.
5.3. Deletion of Content. Within 30 days following your request to delete your Content, the Company shall delete it.
6. Use Obligations and Restrictions
6.1. Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control;(ii) pay the fees for the Services, if applicable, when due; (iii) use reasonable security precautions for providing access to the Services by your Users, customers or other individuals to whom You provide access.
6.2. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit Customer Data which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
7. Intellectual Property Rights
7.1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by the Company and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to the Company’s intellectual property rights. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property Rights under any law.
7.2. Feedback. To the extent You provide us any feedback, comments or suggestions(“Feedback”), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
You will indemnify, defend, and hold harmless the Company, its affiliates, resellers, employees and agents (the “Indemnified Parties”)from and against all liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Customer Data or your use of the Services infringes or misappropriation a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.
9. Disclaimers of Warranties
9.1. The Service may from time to time provide you with suggestions for software available on Github. Such information is advisory only. We make no promises that the software will be available to you under terms suitable for your needs, that such software will operate as you require or meet your needs or that it will be suitable for a particular purpose or non-infringing. Your use of the software recommendations provided by the Service are at your own risk. We will not be liable to you for any losses or damages suffered by you resulting from your use of, or reliance on, the software recommendations provided by the Service. It is your responsibility to ensure that such software is suitable to your needs.
9.2. THE SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE”BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FORANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
9.3. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
10. Limitation of Liability
10.1. IN NO EVENT WILL THE COMPANY BE LIABLE FOR (I) INCIDENTAL,SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE,LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED,REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT OF US$100.00.
10.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
11. Term and Termination
11.1. Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated or until the date which is specified in the Plan.
11.2. Termination. We may terminate the Services and your Account on 30 days prior written notice to you. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. Upon termination of the Services to You, the Account will be terminated, and from the date of termination You will no longer be able to access your Account.
11.3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the state of New York excluding rules as to choice and conflicts of law and the courts in the state of New York will have jurisdiction; however, the Company or its Affiliate may bring suit for payment in the country where Your entity is located. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
13.1. Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit Users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
13.2. Changes to Terms. The Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Company website. You are responsible for checking the website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
13.3. The Company may publish your name in its customers list in the Company’s website, and use your logo for such purpose.
13.4. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
13.5. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
13.6. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
13.7. Entire Agreement. These Terms contain the entire agreement between the Company and You relating to your use of the Services and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by the Company in these Terms.
13.8. Assignment. You may not assign your rights or delegate your obligations under these Terms without the Company’s prior written consent. Any purported assignment contrary to this section will be null and void. The Company may assign its obligations hereunder among the various the Company entities within the the Company.io group, by a change to the definition of the Company here under which change will become effective upon posting on the the Company website.
13.9. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.
Last Revised: March, 20th, 2023